HB1249 97TH GENERAL ASSEMBLY

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97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1249

Introduced 02/08/11, by Rep. Deborah Mell

SYNOPSIS AS INTRODUCED:

New Act

Creates the Genetically Engineered Food Right To Know Act. Provides that all foods containing genetically engineered material or produced with genetically engineered material must be clearly marked with a label placed in a conspicuous place that indicates that the food contains genetically engineered material or was produced with a genetically engineered material. Provides the specific language to be included on the label. Provides that the Department of Public Health may create rules necessary for the implementation of the Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Genetically Engineered Food Right To Know Act.

Section 5. Findings. The General Assembly finds all of the following:

(1) Consumers wish to know whether the food they purchase and consume contains or is produced with a genetically engineered material for a variety of reasons, including the potential transfer of allergens into food and other health risks, concerns about potential environmental risks associated with the genetic engineering of crops, and religiously and ethically based dietary restrictions.

(2) Consumers have a right to know whether the food they purchase contains or was produced with genetically engineered material.

(3) Labels voluntarily placed on foods are insufficient to provide consumers with adequate information concerning whether or not all of the food they purchase contains or was produced with genetically engineered material.

(4) Mandatory labeling provides a critical scientific method necessary for the continual post market surveillance to study long-term health impacts and enforcement of food safety laws preventing adulterated foods from reaching consumers.

Section 10. Definitions. In this Act:

"Food" includes an animal grown to become food for human consumption, a food product, a food ingredient, a dietary supplement, or a beverage. "Food" does not include a raw agricultural commodity.

"Genetically engineered material" means material derived from any part of a genetically engineered organism, without regard to whether the altered molecular or cellular characteristics of the organism are detectable in the material.

"Genetically engineered organism" means:

(1) an organism that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes, including, but not limited to, recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes, other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutagenesis; and

(2) an organism made through sexual or asexual reproduction or both involving an organism described in paragraph (1) of this Section if it possesses any of the altered molecular or cellular characteristics of the organism.

"Label" means a display of written, printed, or graphic matter upon an article or the immediate container, not including a package liner, of an article.

Section 15. Label required.

(a) All foods containing genetically engineered material or produced with genetically engineered material must be clearly marked with a label placed in a conspicuous place that indicates that the food contains genetically engineered material or was produced with a genetically engineered material. The label must contain the following language:

"This product contains a genetically engineered material or was produced with a genetically engineered material.".

(b) For purposes of this Section, a food is considered to have been produced with a genetically engineered material if:

(1) the organism from which the food is derived has been injected or otherwise treated with a genetically engineered material, except that the use of manure as fertilizer for raw agricultural commodities may not be construed to mean that such commodities are produced with a genetically engineered material;

(2) the animal from which the food is derived has been fed genetically engineered material; or

(3) the food contains an ingredient that has been subjected to treatment described in paragraph (1) or (2) of subsection (b) of this Section.

Section 20. Rules. The Department of Public Health may adopt rules necessary for the implementation of this Act.